1. About

Thank you for being part of TCGSocialPinpoint (TCGSP). TCGSP is an interactive website that provides information-sharing tools and resources to empower individuals, advance city-wide communication, and strengthen the community. Most pages are available to the general public, who can browse general content and participate in forums/postings maintained by TCGSP.

By joining and using this community, you agree that you have read and will follow these rules and guidelines. You also agree to reserve discussions and shared files and content to that best suited to the medium.

This is a community space where ALL opinions are welcome. The more people participating in discussions, the greater the wisdom.

It is possible for intelligent mature people to disagree without being disagreeable. Please be respectful, even to those whom you disagree.

TCGSP is not responsible for the opinions and information posted on this site by others. We disclaim all warranties with regard to information posted on this site, whether posted by TCGSP or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall TCGSP be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on this site.

To ensure the best possible experience for all Users or Visitors, we have established some basic guidelines for participation.

Use of the TCGSP Ideas Wall is subject to our Terms & Conditions (Terms) and by using the TCGSP Ideas Wall, you acknowledge and agree to the following rules:

• Behave responsibly and respectfully towards all Users or Visitors, respecting their values, viewpoints, feelings and rights
• Welcome new Users or Visitors, ideas and diversity

• Don't challenge or attack others. The discussions and comments are meant to stimulate conversation not to create contention. Let others have their say, just as you may.

• Avoid conflict, acknowledge that differences of opinion and conflict often occur, and resolve any conflict constructively
• Statements, opinions and content on the TCGSP Ideas Wall are those of the individual Users or Visitors, not of TCGSP, and TCGSP does not endorse them
• TCGSP reserves the right to delete or edit any topic or post at any time, including but not limited to those posts that are deemed to be spam, contain malicious content, flagged by other Users or Visitors or be otherwise inappropriate
• Campaigning on TCGSP is prohibited. Support of a specific candidate or petition to become a candidate is not an appropriate topic for TCGSP
• Use caution when discussing products. Information posted on the lists and in the libraries is available for all to see, and comments are subject to libel, slander, and antitrust laws 
• All defamatory, abusive, profane, threatening, offensive, or illegal materials are strictly prohibited. Do not post anything that you would not want the world to see or that you would not want anyone to know came from you
• Remember that other participants have the right to reproduce postings to this site unless you specify otherwise
• We strongly encourage you to use plain text formatting and keep messages concise and easy to read
• Avoid use of distracting text, font, colors, images or other content that is difficult to read
• TCGSP postings will not include identifying information (e.g. email, first name, last name, neighborhood, phone, ZIP code, etc.) when posting your comment. Only the content of the comment will be posted. The following kinds of messages or content are prohibited:

• Content or hyperlinks to content that is illegal, obscene, defamatory, threatening, hate speech, offensive, inflammatory, controversial, untrue, inaccurate or overtly religious, ideological or politically partisan
• Confidential information or content that infringes on intellectual property rights
• Spam and solicitations
• Requests for donations
• Advertisements for for-profit products and services
• Requests from or for volunteers
• Job opportunities, event information or items needed and available
• Requests from job seekers

You agree that if you repeatedly or willfully violate these rules (or the Terms & Conditions), your right to use the Community Discussion Forum or TCGSP can be suspended or terminated.

2. Terms & Conditions

 

Effective January 11, 2022

 

2.1 By accessing or using our Services, whether as a Participant or Visitor, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with TCGSP (even if you are using the Services on behalf of a company). and that you have the capacity to understand, agree to and comply with these Terms.

2.2 If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information is described in our Privacy Policy .

2.3 TCGSP does not control or take responsibility for the Materials submitted, posted, emailed, displayed or otherwise transmitted by Users or Visitors and, as such, we cannot guarantee the accuracy, truthfulness, integrity or quality of such Materials. Although we have adopted these Terms for Users or Visitors, you understand that by using TCGSP, you may be exposed to Materials that you find offensive or objectionable.

2.4 You also acknowledge and agree that we and our designated agents have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in our sole discretion, any Content, including if it violates our Rules. In some cases, TCGSP has the right to review and approve Content before it is included on the Site. Note that TCGSP does not edit your Content.

2.5 “Linked Content” is any content, materials, or website other than the Site that you may directly visit through a link found on the Site. The Site may contain links to Linked Content. TCGSP does not endorse or assume any responsibility for any such Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If you access Linked Content from the Site, you do so at your own risk, and you understand that these Terms and the TCGSPs Privacy Policy do not apply to your use of such Linked Content. You expressly release TCGSP from any and all liability arising from your use of any Linked Content, the Site, or Content.

2.6 Under no circumstances will we be liable in any way for any Materials, including but not limited to, any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials submitted, posted, emailed, displayed or otherwise transmitted to or through TCGSP.

2.7 As one of the primary purposes of TCGSP is to provide a real-time environment for Users or Visitors to communicate and interact with other Users or Visitors, TCGSP cannot accept a general obligation to monitor the Users’ or Visitor’s use of TCGSP. However, TCGSP will make reasonable efforts to address any breaches of these Terms when it is notified of a material breach thereof. Accordingly, we may, but shall have no obligation to, remove Materials that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or which we feel may infringe or violate any party’s intellectual property, privacy or other proprietary rights or these Terms.

3. USER OR VISITOR CONDUCT

3.1 You expressly agree that whenever you use the TCGSP services you will abide by all applicable local, state, national or international laws, including, but not limited to, any regulations having the force of law. You also accept that you are solely responsible for all communications, acts or omissions that occur under your TCGSP Account.

3.2 We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

3.3 When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with TCGSP. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

3.4 Any ideas, suggestions, and feedback about TCGSP or our Services that you provide to us are entirely voluntary, and you agree that TCGSP may use such ideas, suggestions, and feedback without compensation or obligation to you.

4. PARTICIPATION

4.1 You may be required to provide personally identifying information (PII) before accessing or contributing content to the Site, or before accessing certain features or functions on the Site.  In order to participate and post on this Site, you must be the older of: (a) 14 years and (b) the age required by law where you live to form a binding contract with TCGSP.  When you provide PII, you shall: (i) submit only true, accurate, current and complete information about yourself as prompted by the Site.

4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or TCGSP suspects that you have provided such information, your comment/posting(s) may be removed and further posting from your IP address may be blocked.

4.3 Your Content will be seen by TCGSP and may be made publicly available on the Site or elsewhere.  Additionally, even if Your Content or PII is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws. 

4.4 You must be over the age required by the laws of your state/country to use the Site.

 

5. Prohibited Conduct

5.1 Without limiting other restrictions contained in these Terms, you agree that you will not, under any circumstances (i) gain or attempt to gain unauthorized access to any part of the Services, including the postings of other Users or Visitors (such through the use of bots or other automations as well as the unauthorized use of legitimate User credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming Users or Visitors); (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (v) conduct facial recognition or other biometric analysis of the Content (as defined below) posted on TCGSP; (vi) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (vii) otherwise access or use the Services in an unlawful or unanticipated manner.

 

5.2 You shall not post Content that: (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy; transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation; (l) distribute, download, upload or transmit any material which contains software viruses, trojan horses, worms, malware, adware or any other harmful or deleterious programs, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. (m) use TCGSP in a manner contrary to the Terms of any Internet Service Provider whose services you may use; (n) attempt to gain unauthorized access to any aspect of TCGSP; (o) modify, adapt, translate, or reverse engineer any part of TCGSP;

(p) reformat or frame any portion of the web pages that are part of TCGSP; or transmit Content that harms minors in any way; (e) interfere with other Users’ or Visitor’s use and enjoyment of TCGSP;

5.3 You shall not impersonate any person or entity, including without limitation a Social Pinpoint representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;

5.4 You shall not jeopardize or prejudice the operation, quality or integrity of TCGSP, or the operation, quality or integrity of any telecommunications network;

5.5 You shall not use TCGSP for any commercial purpose including any direct marketing, surveys, contests or multi-level marketing or other unlawful activity, or to use TCGSP to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;

5.6 You shall not harvest or otherwise collect information about others, including e-mail addresses, without their consent or use any robot, spider, website search/retrieval application, or other device to retrieve or index any content in TCGSP for unauthorized purposes;

5.7 You shall not create a false identity for the purpose of misleading others as to your identity or the originator of a message;

5.8 You shall not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

5.9 For clarity, any attempt to engage in any of the behaviors listed in this section is also prohibited. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

6. Notice and Takedown Procedure

6.1 You are solely responsible for your interactions with other Users or Visitors. TCGSP reserves the right, but has no obligation, to monitor and assist with resolution of disputes between you and other Users or Visitors.

6.2 If you feel that any Materials have been posted on TCGSP that are in breach of these Terms, you should report it to jcecil@thinkthomasconsulting.com. Please supply us with as much information as possible, and TCGSP will respond, using our reasonable discretion, by editing or removing content that we reasonably consider to be in breach of these Terms. If TCGSP deems it appropriate, the user who posted the infringing Materials will be banned or suspended from TCGSP to limit the possibility of any further infringing Materials being posted. Notwithstanding that TCGSP will make efforts to address all complaints as we deem fit in accordance with the foregoing, the limitations of liability contained in these Terms shall to the fullest extent permitted by law apply to any acts or omissions by TCGSP in respect of any complaints TCGSP receives.

7. Links

7.1 TCGSP may contain links to third party websites. These links are provided by TCGSP or by other Users or Visitors solely as a convenience to you and not as an endorsement of the content on such third-party websites. TCGSP is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the applicable Terms of such third-party websites.

8. INDEMNITY AND RELEASE

8.1 Except to the extent prohibited by law, you agree to defend, indemnify, and hold TCGSP, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “TCGSP Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.8.2 If, at any time a User provides personal information or other information about someone other than the User, that User or individual warrants that it has the person’s consent to provide or disclose such information to us.

9. Exclusions of Liability – When we will not be Responsible

9.1 YOUR USE OF TCGSP IS AT YOUR SOLE RISK. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE TCGSP OR ANY MATERIALS, WHETHER BASED ON STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL CAUSE, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 We do not warrant that TCGSP will operate uninterrupted or be error free, that defects will be corrected, or that TCGSP or the servers that make it available are or will be free of viruses, defects or bugs.

9.3 We are not responsible for any errors or malfunctions in any communications network, computer systems, servers, equipment or software including any injury or damage to Users or Visitors or to any persons’ computer related to or resulting from using TCGSP in any way.

10. Your Undertakings, Warranties and Indemnities to TCGSP – Your Commitments to Us

10.1 You represent and warrant to us that the Materials posted by you on or through TCGSP will comply with these Terms and you agree to defend, indemnify, and hold harmless TCGSP, its officers, directors, employees, agents and service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of TCGSP or any Materials or your breach of the terms of these Terms. TCGSP may provide notice to you promptly of any such claim, suit, or proceeding.

10.2 These Terms will be governed by, and construed and enforced in accordance with, the laws of the state of Louisiana and of the United States of America.

10.3 The failure of TCGSP to exercise or enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

10.4 If any provision of these Terms shall be declared by a court of competent jurisdiction to be unlawful, void or unenforceable, such declaration will not modify the remaining provisions of these Terms as far as possible and will not in any way affect the validity or enforcement of these Terms.

11. DISCLAIMERS; LIMITATION OF LIABILITY

a. Disclaimers; No Warranties. You understand and agree that to the maximum extent permitted by applicable law your access to and use of the Services or any Content are at your own risk. Our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TCGSP ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The TCGSP Entities make no warranty or representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) viruses or other harmful components distributed by the Services; and (v) whether the Services will meet requirements or be available on an uninterrupted, secure, or error-free basis. We can’t guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from the TCGSP Entities or through the Services will create any warranty not expressly made herein.

b. Liability Limits. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TCGSP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

c. No Liability for Conduct of other Users or Visitors. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR VISITORS OR OTHER USERS OR VISITORS OF THE SERVICES. YOU UNDERSTAND THAT TCGSP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR VISITORS OF THE SERVICES. TCGSP MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TCGSP MAKES NO WARRANTY REGARDING THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE BY THIRD PARTIES ON OR THROUGH THE SERVICES.

12. Changes to these Terms

12.1 We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.